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NORTHERN CALIFORNIA RECORD

Monday, November 4, 2024

San Francisco Resident Sues City Over Bicycle Accident Caused by Unattended Hose

State Court
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A San Francisco resident has filed a lawsuit against the city, alleging negligence and dangerous conditions that led to serious injuries. On September 10, 2024, William McDonnell lodged a complaint in the Superior Court of California for the County of San Francisco against the City and County of San Francisco and Martin Patskoski.

According to court documents, McDonnell claims he was injured on December 22, 2023, while riding his bicycle on John F. Kennedy Drive in Golden Gate Park. The incident occurred when McDonnell rode over a partially coiled gardening hose left unattended by Patskoski, an employee of the city's Department of Recreation and Parks. The complaint states that this hose created a hazardous condition on a public roadway frequently used by pedestrians, cyclists, and scooter riders. McDonnell asserts that Patskoski's failure to secure or mark the hose with cones or delineators resulted in him being thrown from his bicycle, causing severe injuries including a complete subcapital fracture of his left femoral neck.

The lawsuit details how McDonnell presented his claims to the city on May 10, 2024, which were acknowledged but ultimately denied by August 12, 2024. The complaint alleges that both Patskoski and his supervisor Andy Stone were aware of the incident shortly after it happened. Stone allegedly advised Patskoski "never admit fault to anything," further complicating McDonnell's situation.

McDonnell argues that the city failed to follow its own "Irrigation and Watering Safe Work Practices" policy, which mandates regular training for employees handling such equipment. Patskoski had not been trained since 2010, violating these guidelines. This lack of proper training and supervision is cited as a direct cause of McDonnell's injuries.

The plaintiff is seeking economic damages exceeding $35,000 for medical expenses and loss of earnings capacity due to his injuries. Additionally, he seeks non-economic damages for pain and suffering as well as prejudgment interest according to Civil Code sections 3287, 3288, and 3291.

Represented by attorneys Maryanne B. Cooper, Miles B. Cooper, and Bryan S. Vix from Coopers LLP, McDonnell demands a jury trial for all causes of action stated in his complaint (Case No: CGC-24-617959). The case will be presided over by judges from the Superior Court of California for the County of San Francisco.

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